Amend the proposed CSSB 359 by striking the section of the
bill providing for a pilot program for child abuse investigations,
by adding the following appropriately numbered section, and by
renumbering the sections of the bill accordingly:
      SECTION ____.  Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3019 to read as follows:
      Sec. 261.3019.  PILOT PROGRAM FOR INVESTIGATIONS OF CHILD
ABUSE.  (a)  On or after September 1, 1997, but not later than
March 1, 1998, the department shall enter into an agreement with a
sheriff of a county with a population of not less than 500,000, and
if necessary for jurisdictional purposes any other law enforcement
agency, under which the sheriff or law enforcement agency shall
conduct investigations of reports of abuse.
      (b)  The commissioners court of a county with a population of
25,000 or less may also establish a pilot program under this
section independently or in conjunction with the commissioners
court of an adjacent county with a population of 25,000 or less.
      (c)  An agreement under this section shall:
            (1)  specify the respective roles of law enforcement
and department staff in the investigative process;
            (2)  provide for the department to assist in the
removal of children under Chapter 262 as necessary for the
protection of children;
            (3)  provide for the use of any available children's
advocacy center or multidisciplinary team under Subchapter E,
Chapter 264; and
            (4)  contain provisions the department and the sheriff
and law enforcement determine to be necessary and appropriate.
      (d)  The commissioners court of a county that is eligible to
establish a pilot program and that intends to do so shall inform
the department of the county's intent to establish the program. On
establishment of the program in a county, authority to conduct an
investigation of a report of abuse is transferred from the
department to the county's law enforcement agency.  After the date
of the transfer, the department may only conduct an investigation
of a report of abuse in the county at the request of the sheriff or
local law enforcement agency.  The department may provide advice
and technical assistance to the county to ensure that the county
complies with state and federal law in implementing and operating
the pilot program.
      (e)  Under the pilot program, the commissioners court:
            (1)  shall establish a local telephone hotline for the
receipt of reports of child abuse and develop a plan for the
transfer of calls received by the state child abuse hotline to the
local law enforcement agency;
            (2)  shall develop a plan to be submitted to the
department that specifies the manner in which the county's law
enforcement agency shall handle investigations, investigator
training, and the processing of reports made to the local hotline
and other telephone calls;
            (3)  is entitled to receive from the department funding
in an amount consistent with the costs of implementation of the
pilot program in the county; and
            (4)  may contract with other appropriate local law
enforcement agencies, if necessary for jurisdictional purposes, to
implement the pilot program.
      (f)  Under the pilot program, the department shall:
            (1)  from available state or federal funds, provide
funding to the county in an amount consistent with the costs of
implementing the pilot program in the county, including costs of
establishing and operating the local telephone hotline under
Subsection (e); and
            (2)  provide to a participating county law enforcement
agency:
                  (A)  information regarding:
                        (i)  the average number of child abuse
cases that are typically investigated; and
                        (ii)  staff and investigator training; and
                  (B)  other assistance necessary to adequately
implement and fund the pilot program.
      (g)  Under the pilot program, the commissioners court shall
establish an independent local citizens review board composed of
seven volunteers who represent the community, including members who
have experience in matters relating to child abuse and including
one member who is licensed as a psychologist, one member licensed
as a medical or health professional, and one member who is a
licensed or ordained priest, rabbi, or officer of a religious
organization.  A member of a review board may not be an employee of
or contract with any participating law enforcement agency or the
department. The citizens review board shall prepare and make
available to the public on an annual basis a report containing a
summary of the activities of the board.
      (h)  The commissioners court may apply for any available
federal funds or grants and may research other sources of funding
for the county's participation in the pilot program.
      (i)  An agreement under Subsection (a)  is not required to
provide for:
            (1)  the investigation of abuse alleged to have
occurred in a facility or home regulated by the department under
Chapter 42, Human Resources Code; or
            (2)  an investigation conducted under Section 48.081,
Human Resources Code, or Section 261.404.
      (j)  The state auditor shall perform an audit and evaluation
of the pilot program under this section.  In preparing the
evaluation, the auditor shall consider any report prepared by a
citizens review board established under Subsection (g).  The
auditor shall report, not later than March 1, 2001, the results of
the audit and evaluation to the presiding officers of both houses
of the 77th Legislature and to the governor. The report must
include an evaluation of the strengths and weaknesses of the pilot
program and a recommendation about the feasibility of expanding the
pilot program statewide.
      (k)  The department shall adopt rules necessary to perform
the department's duties under this section.
      (l)  This section expires September 1, 2001.